The RICS UK Residential Market Survey for September 2016 states that ‘confidence is starting to recover following the immediate reaction to the EU Referendum, as the UK residential market experiences a slight upturn in August’.

In brief it highlights that:

House price rises regain some momentum

Sales hold steady after four successive monthly falls

Buyer enquiries and sales instructions continue to slip – but at a greatly reduced pace.

What Amendment has been made to the Party Wall etc. Act?

The Order amends section 15 of the Party Wall etc. Act 1996, which is in relation to the service of notices. Previously legislation allowed for notices and documents to be served or given only in person or by post. This amendment will mean that notices and documents pursuant to the provisions of the Act may be achieved by electronic communications, provided that the intended recipient has stated a willingness to receive them by those means.

The new section 15 (1a&c) states that ‘a notice or other document required or authorised to be served under this Act may also be served on a person (“the recipient”) by means of an electronic communication, but only if— (a) the recipient has stated a willingness to receive the notice or document by means of an electronic communication; and (c) the notice or document was transmitted to an electronic address specified by the recipient.’

A Party Wall usually separates buildings belonging to different owners, but could include garden walls built astride a boundary (known as party fence walls). The Act is designed to avoid and minimise disputes. It makes sure property owners notify adjoining owners in advance of proposed works. It’s important to remember that notice should be served even if works are being undertaken only to your side of a wall.

If you need advice on Party Wall matters, please contact RMA Surveyors. We are members of The Faculty of Party Wall Surveyors and provide surveying and advice in compliance with The Party Wall etc. Act 1996. We act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties. Call us on 01635 579208 or complete the enquiry form.

Being unaware of a duty to serve Party Wall Notice under The Party Wall etc. Act 1996 is not a defence. Some people do not factor in the costs of compliance with The Party Wall etc. Act 1996 before they commence works. Some choose to ignore the legislation, in the belief they are saving themselves time and money. This incorrect course of action leads to delays to their project, neighbourly dispute, possible court action and associated costs.

The Requirement For Party Wall Notice

The Party Wall etc. Act 1996 requires Building Owners to serve relevant party wall notice to Adjoining Owners up to 2 months before notifiable works commence. When party wall notice is not served and it can cause friction between neighbours. In the worst case scenario where works have begun Adjoining Owners can apply to the Court and gain an injunction against the works. There are upfront costs for doing this, which are usually recoverable from a Building Owner. What Building Owners can also overlook by neglecting to serve notice is that certain rights granted by the Act are also not invoked (such as access in their neighbour’s land, to undertake notifiable works).

In many cases serving party wall notice is simple. By notifying a neighbour that works are going ahead there is less likelihood of a dispute occurring. Issuing notice/s with a polite letter explaining what the works are is far cheaper and easier than a court injunction and costs, then living with the resulting bad feeling.

Ignorance Is No Defence

The Party Wall etc. Act 1996 is now well established legislation. There is no good reason to ignore it. The courts will invariably find against anyone who does, either wilfully or through genuine ignorance. The cost of not serving a valid party wall notice may prove to be the costliest oversight of the whole project. The adage of Ignorantia iuris nocet applies. Not knowing the law is harmful.

We Can Help

If you are having works undertaken to your property that is likely to affect your neighbour’s property contact RMA Surveyors Ltd and we will be pleased to assist you serving the correct notice to avoid future and costly disputes. RMA Surveyors Ltd are members of The Faculty of Party Wall Surveyors Please contact us and we will be happy to help.

It states that supply and demand varied across UK in January and 49% more London surveyors saw prices fall in January 2015. It continues, stating that Scotland and Northern Ireland’s housing market outperformed the rest of the UK in January, with more buyer enquiries, stronger price growth and higher confidence in the outlook. However, the national results, which are based on England and Wales only, continue to signal a cooling market and price growth has all but levelled off with just 2% more surveyors expecting prices to increase over the next three months (its slowest pace since May 2013).

You can download the January 2015 RICS UK Residential Market Survey here.

If you’re looking for some professional advice regarding a property purchase in Berkshire, please contact RMA Surveyors Ltd on 01635 579 208 or complete the Contact Us form and we’ll be in touch.

In a recent press release, issued by RICS, it states that: December 2014 saw a sluggish trend in new buyer demand and a tail-off in house price growth. However, stamp duty reforms are still expected to support market activity according to our latest UK Residential Market Survey.

It goes onto state in its analysis that: ‘The number of potential new house buyers dipped for the sixth consecutive month in December and price growth fell to its slowest pace since May 2013’. However, the Institution is optimistic stating that ‘the changes to stamp duty are expected to provide a timely boost to activity in the housing market across most of the country but there remain significant challenges particularly for first time buyers seeking to take an initial step onto the property ladder.’

As of today (4th December 2014), the Government has introduced Stamp Duty reforms on residential properties. Stating that ‘Stamp duty will be cut for 98% of people who pay it. If you’re buying a home for less than £937,500, you will pay less stamp duty, or the same’.

The change applies to you if you are buying a home in the UK for over £125,000.

Under the new rules, homebuyers will only pay the rate of tax on the part of the property price within each tax band. The following is given as an example:

‘Under the old rules, you would have paid tax at a single rate on the entire property price. Now you will only pay the rate of tax on the part of the property price within each tax band – like income tax. Under the old rules if you bought a house for £185,000, you would have had to pay 1% tax on the full amount – a total of £1,850. Under the new rules, for the same property you’ll pay nothing on the first £125,000 and 2% on the remaining £60,000. This works out as £1,200, a saving of £650.’

At RMA Surveyors Ltd, Newbury, we’re always looking to see what the future will bring in terms of building technology.

We’ve been interested to see how 3D printing has been adopted by the construction industry. In particular this collaboration between a leading architecture firm (Foster + Partners) with a concrete company (Skanska) to develop a commercial technique for creating 3D printed buildings.

Click here for further reading and to view the pictures of ten 3D printed houses, which were built in 24 hours. This technology will change the face of construction as we currently know it. It will also be interesting to see what defects may be thrown up by such technology in the future.

To see the robot that prints these 3D printed buildings in action, click here.

RMA Surveyors Ltd, Newbury has been catching up on some industry news.

The Office of National Statistics (ONS) revealed (18.11.14) that UK house prices increased to 12.1% (in the year to the end of September). This is in contrast to other surveys suggesting a slowdown. It also stated that house prices continue to increase strongly across the UK, with prices in London showing the highest growth.